Sec. 3012. Public transportation safety program
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/bill/114/hr/22/eah/section-3012A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 5329 of title 49, United States Code, is amended— in subsection (b)(2)— in subparagraph
(C)by striking and at the end; by redesignating subparagraph
(D)as subparagraph (E); and by inserting after subparagraph
(C)the following: minimum safety standards to ensure the safe operation of public transportation systems that— are not related to performance standards for public transportation vehicles developed under subparagraph (C); and to the extent practicable, take into consideration— relevant recommendations of the National Transportation Safety Board; best practices standards developed by the public transportation industry; any minimum safety standards or performance criteria being implemented across the public transportation industry; relevant recommendations from the report under section 3018 of the Surface Transportation Reauthorization and Reform Act of 2015; and any additional information that the Secretary determines necessary and appropriate; and ; by striking subsection
(f)and inserting the following: In carrying out this section, the Secretary may— conduct inspections, investigations, audits, examinations, and testing of the equipment, facilities, rolling stock, and operations of the public transportation system of a recipient; make reports and issue directives with respect to the safety of the public transportation system of a recipient or the public transportation industry generally; in conjunction with an accident investigation or an investigation into a pattern or practice of conduct that negatively affects public safety, issue a subpoena to, and take the deposition of, any employee of a recipient or a State safety oversight agency, if— before the issuance of the subpoena, the Secretary requests a determination by the Attorney General as to whether the subpoena will interfere with an ongoing criminal investigation; and the Attorney General— determines that the subpoena will not interfere with an ongoing criminal investigation; or fails to make a determination under clause
(i)before the date that is 30 days after the date on which the Secretary makes a request under clause (i); require the production of documents by, and prescribe recordkeeping and reporting requirements for, a recipient or a State safety oversight agency; investigate public transportation accidents and incidents and provide guidance to recipients regarding prevention of accidents and incidents; at reasonable times and in a reasonable manner, enter and inspect relevant records of the public transportation system of a recipient; and issue rules to carry out this section. If the Secretary finds that a State safety oversight agency that oversees a rail fixed guideway system operating in more than 2 States has become incapable of providing adequate safety oversight of such system, the Secretary may administer State safety oversight activities for such rail fixed guideway system until the States develop a State safety oversight program certified by the Secretary in accordance with subsection (e). To carry out administrative and oversight activities authorized by this paragraph, the Secretary may use grant funds apportioned to an eligible State under subsection (e)(6) to develop or carry out a State safety oversight program. ; in subsection (g)(1)— in the matter preceding subparagraph
(A)by striking an eligible State, as defined in subsection (e), and inserting a recipient ; in subparagraph
(C)by striking and at the end; in subparagraph
(D)by striking the period at the end and inserting ; or ; and by adding at the end the following: withholding not more than 25 percent of financial assistance under section 5307. ; and in subsection (g)(2)— in subparagraph (A)— by inserting after funds the following: or withhold funds ; and by inserting or (1)(E) after paragraph (1)(D) ; by redesignating subparagraph
(B)as subparagraph (C); and by inserting after subparagraph
(A)the following: The Secretary may only withhold funds in accordance with paragraph (1)(E), if enforcement actions under subparagraph (A), (B), (C), or
(D)did not bring the recipient into compliance. .